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MOTES v. UNITED STATES

No. 85-8646 Non-Argument Calendar.

785 F.2d 928 (1986)

Darrell G. MOTES, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 31, 1986.

Attorney(s) appearing for the Case

Michael L. Paup, Chief, Glenn L. Archer, Jr., Martha B. Brissette, Appellate Section, Tax Div., Dept. of Justice, Washington, D.C., for defendant-appellee.

Before GODBOLD, Chief Judge, HILL and ANDERSON, Circuit Judges.

PER CURIAM:

Motes and numerous other individuals sued for a refund of income taxes under the Tucker Act, 28 U.S.C. § 1346. They advanced an arsenal of arguments, including violation of the Fifth Amendment to the Constitution; that their wages are not income subject to tax but are a tax on property such as their labor; that only public servants are subject to tax liability; that withholding of tax from wages is a direct tax on the source of income without apportionment...

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